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(영문) 수원지방법원 2014.05.01 2013노5693
공연음란
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (2 million won of fine and 40 hours of order to complete a sexual assault treatment program) against the Defendant is too unhued and unreasonable.

2. In light of the method and circumstances of the crime of this case, the crime of this case is not good, and the fact that the victim did not agree with the victim is disadvantageous to the defendant, in light of the fact that the sexual organ exposed over about 15 minutes was exposed to the bus, which is a means of public transportation, and the method and circumstance of the crime, etc.

However, the above circumstances appear to have been reflected in the lower judgment ordering the Defendant to complete a sexual assault treatment program for 40 hours, which is relatively long time, in order to correct the Defendant’s perception of the erroneous sex while sentencing a fine of KRW 2 million, and considering the following factors: (a) the Defendant is a primary offender who has no record of committing a crime; (b) the Defendant’s act is against himself/herself; and (c) the Defendant’s age, character and conduct, occupation and family environment; (d) the background and consequence of the crime; and (e) the various sentencing factors indicated in the instant case, such as the circumstances after the crime, are unreasonable.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.

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